Driver charged in L. Brooks Patterson crash reaches plea deal

By DAVE PHILLIPS and JOHN TURK

Thursday, January 10, 2013

The Royal Oak man charged with three misdemeanors in an accident that injured Oakland County Executive L. Brooks Patterson has pleaded guilty to a civil infraction and will not face trial or jail time.

A trial against Anthony Prainito was scheduled to begin this morning in front of 52-3 District Judge Lisa Asadoorian. Prainito formally agreed to the plea deal early Thursday afternoon.

Watch a report on the plea deal on today's News at Noon.

"The (plea) offer came yesterday at close of business," Prainito's attorney, Josh Nucian, said Thursday. "But the decision (to take the offer) was not made until after midnight this morning."

Three counts of moving violation causing serious impairment of a bodily function were thrown out, and Prainito agreed to a civil infraction of failure to yield, which is a $125 fine. He also was fined $65 for a seat belt violation.

Nucian, who said he's very happy with Thursday's outcome, added he's just glad the criminal aspect of the case is over with.

"Now my client can get on with his life and doesn't have to worry about bond conditions or anything else," Nucian said.

Patterson and his driver, James Cram, were seriously injured in an Aug. 10 accident in Auburn Hills. Officials said Prainito turned left directly in front of the 2011 Chrysler 300 Cram was driving. Cram was rendered a quadriplegic from the crash, Patterson said Thursday.

The county executive said Thursday his therapists think he's making progress.

Raymond Recchia, a passenger in Prainito's 2012 Volkswagen Passat, also sustained two broken hips and other serious injures in the accident. He was the only one of four involved who was wearing a seat belt.

There were many reasons why the charges were reduced and a plea deal struck, said Oakland County Chief Assistant Prosecutor Paul Walton.

One of them trumped the rest, however.

"Cram and Patterson did not give consent to release their medical records, according to their attorney, Steve Potter," Walton said.

When the court asked the two to document their refusal to release medical records, they would not, Walton said. Then the prosecutor's office had to put it into writing and submit it to the court.

"In order for an expert to offer his or her opinion, medical records have to be admitted into evidence," Walton said.

Nucian said: "That didn't really help the prosecutor's case."

Walton said it's a little difficult to talk about the victims' records if they won't submit them.

"It requires medical testimony to explain debilitating physical injury ... we would've had to call a treating physician to the stand, where they would give details on the observation, diagnosis and prognosis of the patient," Walton said.

The people don't have the ability to call the two victims to testify on their injuries, so that part of the case was also nixed, Walton said.

The contents of a black bag recovered from the crashed Chrysler 300 on Aug. 10 -- believed to hold key pieces of evidence in the criminal case against Prainito -- also could have been arguable in trial.

"Definitive or not, it would depend on how the evidence came in," Walton said. To the best of my knowledge, the Auburn Hills Police Department preserved the black bag and documented it extensively."

Patterson said at least one debate can be put to rest -- who was responsible.

"The defendant driver admitted that he was responsible for the accident," Patterson said.

The county executive said he sometimes gets discouraged with his physical rehabilitation, but added he is delighted that this part of the proceedings is finished.